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Posted on October 21, 2025

By Dr. Pooja Patel

Legal Guide to Surrogacy in the USA and Canada

Surrogacy is a partnership of love, trust, and law. Whether you’re an intended parent or a surrogate, clear legal protection ensures that every step of the journey is safe, ethical, and transparent.

At Surrogacy4All, our physician-led team collaborates with reproductive law experts in both the U.S. and Canada to safeguard everyone’s rights from day one.

The Legal Foundation of Surrogacy

Each surrogacy journey requires two separate legal processes:

  1. A gestational carrier agreement (GCA) between the surrogate and the intended parents.
  2. A parentage order establishing the intended parents as the child’s legal parents after birth.

Surrogacy in the USA – State-by-State Variations

The U.S. has no single federal law on surrogacy. Instead, regulations vary by state:

  • Surrogacy-Friendly States: California, New York, Illinois, Nevada, Connecticut.
  • Restricted States: Michigan, Nebraska, Louisiana (limit compensated surrogacy).
  • Neutral States: Many recognize agreements on a case-by-case basis.

Our legal partners handle all filings and birth orders to ensure compliance and peace of mind.

Surrogacy in Canada – Altruistic and Compassionate

In Canada, only altruistic surrogacy is legal. Surrogates can be reimbursed for expenses (medical, travel, maternity wear) but not paid for service.
Each province, including Ontario and British Columbia, requires written consent and independent legal counsel.

Surrogacy4All’s Toronto-based attorneys manage both provincial and federal compliance — ensuring that parentage orders are filed swiftly and without complications.

International Parent Protections

For intended parents outside North America, we help coordinate:

  • Parental recognition under local law
  • DNA-based verification for citizenship
  • Birth certificate and passport issuance

Our cross-border experience makes the legal handover seamless.

Testimonial

“Surrogacy4All handled our entire legal process — from contracts to our baby’s U.S. passport. We felt protected every step.”
Amit & Leila, Intended Parents, London

Dr. Pooja Patel
Physician – Chief Surrogacy Coordinator  pooja@surrogacy4all.com

Dr. Pooja Patel is a Chief Surrogacy Coordinator at Surrogacy4all. She has 10 years of experience in Anesthesiology and critical care medicine.

She received her medical degree from Seth GS Medical College and K.E.M Hospital in India. She then completed an internship. She finished her Anesthesia residency at Grant Govt Medical College and JJ Group of Hospitals in India.